Male v. Schaut
Oregon Supreme Court
From Union: Robert Eakin, Judge. This is an action by 'William H. Male and others against George Schaut and wife and John Huber on a promissory note.
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From Union: Robert Eakin, Judge. This is an action by 'William H. Male and others against George Schaut and wife and John Huber on a promissory note. The complaint alleges, in substance, that on January 30, 1893, the defendants executed and delivered to one W. L. Telford their promissory note for $1,450, due December 1, 1897, with interest thereon at the rate of 8 per cent per annum, payable semiannually according to the terms of ten certain interest coupons thereto attached, both principal and interest payable at the office of the American Investment Co. at New York City; that it is provided…
1Opinion of the Court
Mr. Ceoef Justice Bean,
after stating the facts, delivered the opinion of the court.
The principal contention is that the judgment is based upon findings of fact not within the issues made by the pleadings. The execution and delivery by the defendants of the note sued on to Telford, at the date and as alleged in the complaint, the giving of a mortgage to secure its payment, and its sale and tranfer for a valuable consideration to the Trust Company, on March 1, 1893, and.before maturity, are either affirmatively alleged or admitted in the pleadings. The de*429fense is that, prior to the sale and…
2Cases cited5 opinions
- Brenner v. BigelowSupreme Court of Kansas · 1871
- Handley v. JacksonOregon Supreme Court · 1897
- Newby v. MyersSupreme Court of Kansas · 1890
- Green v. ChandlerCalifornia Supreme Court · 1880
- Gamache v. South School DistrictCalifornia Supreme Court · 1901
3Cited by6 opinions
- Eastman v. Jennings-McRae Logging Co.Oregon Supreme Court · 1914
- Larsen v. MartinOregon Supreme Court · 1943
- Portland v. O'NeillOregon Supreme Court · 1920
- Union St Ry. Co. v. First Nat. BankOregon Supreme Court · 1903
- Boothe v. Farmers' National BankOregon Supreme Court · 1906
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